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TIRTHANKAR GHOSH
Narayana Health – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Tirthankar Ghosh, J.
1. The present revisional application has been preferred challenging the proceedings relating to Complaint Case No.C-533 of 2021 alleging offences under Sections 406/420/120B of the Indian Penal Code read with Section 34 of the West Bengal Clinical Establishment (Registration, Regulation and Transparency) Act, 2017 including the orders passed therein which is presently pending before the learned Judicial Magistrate, 2nd Court, Barasat, District-North 24 Parganas.
2. The relevant paragraphs in respect of the allegations made in the petition of complaint are as follows:
(2) That the accused No.1 is the Medicine Organization having its negotiated office at 261/A, 2nd floor, Bommasandra, Karnataka, 560099 and accused No.2 is the Branch of accused No.1 and accused No.2 runs under the control, guidance and management of the accused No.1 and Accused No.3, 4 and 5 are acting for or on behalf of the accused No.1 & 2 for gain.
(3) That the mother of the complainant namely Smt. Bina Sen is a senior citizen and due to emergent affairs relating to fractur
Wrong billing by Hospital – Service-related grievances cannot be raised before Criminal Court.
The main legal point established in the judgment is the requirement for a prima facie case of medical negligence before initiating criminal proceedings against medical practitioners.
The central legal point established in the judgment is the requirement to establish intentional, dishonest, or fraudulent inducement and deception to constitute offences under Section 419 and Section....
The court ruled that proceedings against the accused were unsustainable due to lack of essential legal elements and failure to comply with mandatory complaint procedures as per law.
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